VENTRICELLI V. KINNEY SYSTEM RENT A CAR, INC. 386 N.E.2d 263 (1978) CASE BRIEF

VENTRICELLI V. KINNEY SYSTEM RENT A CAR, INC.
386 N.E.2d 263 (1978)
NATURE OF THE CASE: Ventricelli (P), lessee, brought a personal injury action against Kinney (D, lessor and automobile owner, resulting from an automobile accident. P brought a defective product complaint against third-party defendant manufacturer. The Supreme Court of New York, modified the trial court's order to dismiss the action against D so as to limit recovery from the automobile owner. P and D appealed.
FACTS: Kinney (D) leased Ventricelli (P) a car with a defective trunk lid. D tried to repair it but could not. While P and a passenger were attempting to slam the lid shut, a car suddenly parked several car lengths behind P jumped ahead and ran into P. P won a verdict of $550,000. The Appellate Division reversed and dismissed as to D. P appealed.

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